Toradex® Pinout Designer - Software License Agreement
(Version February 2015)
This Software License Agreement (“Agreement”) is concluded between you and Toradex AG, Altsagenstrasse 5, 6048 Horw, Switzerland (“Toradex”).
1. License Grant. Toradex grants you the non-exclusive, non-transferable, non-sublicensable, royalty-free right to use the “Toradex® Pinout Designer” software (“Software”) exclusively in combination with databases that are provided by Toradex. It is not allowed to use the Software with custom or third party databases without permission of Toradex. You may not translate, reverse engineer, decompile, or disassemble the Software. The Software is licensed to you, not sold. Toradex owns the Software and reserves all rights not expressly granted. Toradex is not obligated to provide any support, upgrades or new releases of the Software. Toradex may make changes to the Software at any time without an obligation to notify or provide updated versions of the Software to you.
2. Term and Termination. This Agreement shall be concluded for an indefinite period of time beginning with the installation of the Software. Toradex may terminate this Agreement without notice or giving cause. Upon termination, you are required to deinstall the Software and delete all copies.
3. Warranty Disclaimer. TORADEX EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE AND DERIVATIVE WORK PRODUCED WITH THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE.
4. Limitation of Liability. IN NO EVENT WILL TORADEX BE LIABLE FOR ANY DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL, DIRECT OR INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF DATA, COMMERCIAL LOSS OR LOSS OF PROFITS, SAVINGS, OR REVENUES, TO THE FULLEST EXTENT AS MAY BE DISCLAIMED BY LAW.
5. Governing Law and Jurisdiction. THIS AGREEMENT SHALL BE GOVERNED EXCLUSIVELY BY THE LAWS OF SWITZERLAND. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF LUCERNE, SWITZERLAND, (VENUE: COURTS COMPETENT FOR TORADEX AG) FOR ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
6. Severability. If any provision of this Agreement is found to be invalid or unenforceable to any extent in any context, it shall nevertheless be enforced to the fullest extent allowed by the law, and the validity and force of the remainder of this Agreement shall not be affected thereby.
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